Disposed

Radhe Shyam Prasad v. The State of Bihar

Patna HC19 Aug 2019CWJC/16631/2019

Case brief

AI extract

What is this about?

Petitioners challenged non-payment of salary for periods where they worked in an aided school. The Court ordered a factual enquiry by the District Programme Officer (Establishment) to ascertain actual service before granting any relief.

What did the court decide?

Direction to the District Programme Officer (Establishment), Siwan, to cause an enquiry and decide on salary payment within four months.

Radhe Shyam Prasad Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16631 of 2019

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Radhe Shyam Prasad, S/o Late Rama Nand Prasad, resident of Village- Ram Nagar, P.O.- Amlori, P.S and Distt.- Siwan

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Ram Chhabila, S/o Late Ram Krishna Kushwaha, resident of Villag- Parasia Chandaur, P.O.- Chakara Barthi, P.S.- Kan Khundu, Distt.- Dewaria, StateUttar Pradesh

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Bikrma Prasad, S/o Late Gorakh Bhagat, resident of Village- Sohawan Hatta, P.O.- Mahamadpur, P.S.- Barharia, Distt.- Siwan

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Manju Shree, W/o Late Tribhushan Kumar Prasad, resident of VillageBanaura, P.O.- Ushari Bazar, P.S.- Baikunthpur, Distt.- Gopalganj

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna

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The Principal Secretary, Education Department, Govt. of Bihar, Patna

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The Director, (Secondary Education) Education Department, Govt. of Bihar, Patna

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The Special Director, Education Department, Govt. of Bihar, Patna

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The Regional Deputy Director of Education, Saran Division, Distt.- Saran at Chapra

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The District Education Officer, Distt.- Siwan

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The Accountant General, Bihar, Patna

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Maheshwar Prasad For the Respondent/s : Mr.Shankar Kumar Thakur, AC to GP-27 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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2 19-08-2019 Heard learned counsel for the petitioners and the respondents.

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The petitioners have approached this Court for payment of salary for different period starting from 10.05.1985.

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Learned counsel for the petitioners submits that for certain period they have not been paid salary despite the fact

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Patna High Court CWJC No.16631 of 2019(2) dt.19-08-2019 2/2

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they have worked and the school, in question, has been granted aid. Later on, in 2003, the school was taken over.

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The claim of the petitioners requires factual enquiry and as such this application is disposed of with a direction to the District Programme Officer (Establishment), Siwan to cause an enquiry into the matter and if it is found that the petitioners have actually worked for the period they are claiming salary, he shall take appropriate decision with regard to payment of salary including the difference of salary within a maximum period of four months from the date of receipt/production of a copy of this order.

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With the aforesaid, this application stands disposed of.

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(Anil Kumar Upadhyay, J)

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uday/-

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Radhe Shyam Prasad v. The State of Bihar

Case brief

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Radhe Shyam Prasad v. The State of Bihar

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